Independent Office for Police Conduct (IOPC - formerly IPCC)
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The Independent Police Complaints Commission has today published the report of its investigation into Operation Venison.
The inquiry resulted from criticisms made when Mr Justice Crane halted the Customs and Excise Prosecutions Office prosecution into an alleged missing trader intra community (MTIC) fraud.
Last year the IPCC sent a file to the Crown Prosecution Service (CPS) who decided the five HM Revenue and Customs (HMRC) officers and one lawyer, criticised by Mr Justice Crane, had not committed any criminal offences. Now the IPCC investigation has cleared the officers of misconduct.
The IPCC has no remit to consider possible misconduct on the part of the lawyer as he is not employed by HMRC.
The IPCC has made two recommendations and one formal comment as a result of the investigation. There is no doubt that HMRC have come a long way since the Operation Venison judgment and have addressed every area that this investigation identified as a problem.
As Operation Venison had 480 boxes of documents to index and read, the Commission makes a recommendation about the best way to handle such a large-scale inquiry again. Secondly whilst recognising that there has been considerable improvement in the systems and procedures in relation to disclosure in MTIC cases, it says the VAT Focus Group and all HMRC managers must ensure that all operational policies and procedures are developed and are being followed.
The IPCC also commented on training on disclosure of material identified in the course of investigations to defence lawyers. The Commission recognised that the HMRC attitude towards the appointment of disclosure officers and their training is quite different now to the situation that prevailed at the time of Operation Venison.
It is disappointing that the disclosure officer, in a large and the complex MTIC case, was scheduled for training and that training was cancelled on seven occasions, eventually being received some 15 months later.
The IPCC investigation has seen evidence of considerable activity in terms of a proper and responsible attitude towards disclosure by HMRC and the HMIC inspection will no doubt comment on the current position.
IPCC Commissioner Amerdeep Somal said: ""Our investigation has cleared the officers of misconduct. Overall they were doing their best to help combat a series of massive frauds on the taxpayer.
"It is vital that those under investigation by HMRC and the wider public have confidence that disclosure obligations are properly discharged in accordance with the law. This is essential to maintain confidence in the criminal justice system and to ensure that criminal trials are properly and fairly conducted.
"HM Customs and Excise, as it was then, did not co-ordinate their efforts sufficiently and did not have a consistent policy on disclosure affecting other investigations. They left individual inquiry teams to handle disclosure issues in quite different ways. I am satisfied that HMRC have made many improvements so that the public can be confident in the integrity of similar investigations today.
"This was a massive inquiry for the IPCC. Potentially, the sheer volume of material - much of it uncatalogued - could have overwhelmed the investigation. But the team worked to a tight strategy of timely interviews and an early approach to CPS which paid off when they said there was no criminal case to answer. This was the first IPCC investigation into HMRC and the early partnership working with the CPS and the cooperation of both HMRC and RCPO has resulted in a proportionate and quicker investigation," she said.
The report can be found at http://www.ipcc.gov.uk/index/resources/evidence_reports/investigation_reports
Notes for editors
IPCC is the body with overall responsibility for the police complaints system. Since April 2006 it has taken on responsibility for similar, serious complaints against HM Revenue and Customs and the Serious Organised Crime Agency in England and Wales.
The IPCC has the task of increasing public confidence in the complaint systems and aims to make investigations more open, timely, proportionate and fair.
The 17 Commissioners who run the IPCC guarantee its independence and by law can never have served as police officers. No Commissioner has worked for HM Revenue and Customs. They are supported by more than 100 independent IPCC investigators, as well as case workers and specialist support staff.
Since April 1 2004 the IPCC has used its powers to begin 148 independent and 490 managed investigations into the most serious complaints against the police. It has set new standards for police forces to improve the way the public's complaints are handled. The Commission also handles appeals by the public about the way their complaint was dealt with by the local force.
The IPCC is committed to getting closer to the communities it serves. Its Commissioners and staff are based in IPCC regional offices in Cardiff, Coalville, London and Sale plus a sub office in Wakefield.
The IPCC web site is constantly updated at http://www.ipcc.gov.uk or members of the public can contact the IPCC on 08453 002 002.
